Schultes v. Eberly
Supreme Court of Alabama
Appeal from the Circuit Court of Cullman. Tried before the Hon. James Aiken. This action was brought by Charles Schultes, against H. W. Eberly, tax-collector of said county, to recover the sum of $3.84, which the plaintiff had paid, under protest and legal compulsion, as the tax assessed against his property by the trustees of the Cullman School District; and was commenced, before a justice of the peace, on the 20th January, 1886. The justice rendered judgment for the…
Read the full summary
Appeal from the Circuit Court of Cullman. Tried before the Hon. James Aiken. This action was brought by Charles Schultes, against H. W. Eberly, tax-collector of said county, to recover the sum of $3.84, which the plaintiff had paid, under protest and legal compulsion, as the tax assessed against his property by the trustees of the Cullman School District; and was commenced, before a justice of the peace, on the 20th January, 1886. The justice rendered judgment for the plaintiff, but, on appeal to the Circuit Court, that court sustained the constitutionality of the tax, and rendered judgment…
1Opinion of the CourtClopton, J.
— By authority of the eleventh section of “ An act to establish a separate school district, to be known as the Cullman School District, in Cullman county, Alabama, and for the appointment of trustees for said school district, with certain powers and privileges,” the trustees levied a tax, which the appellant paid under compulsion, protest, and with notice of suit; and he now sues to recover the amount. — Acts 1884-85, p. 461. The question is, whether, under the State constitution, it is competent for the legislature to delegate to the trustees the power to tax. We have thus limited the…
2Cases cited1 opinion
- Heller v. StremmelSupreme Court of Missouri · 1873
3Cited by35 opinions
- Wilson v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1937
- Beeland Wholesale Co. v. KaufmanSupreme Court of Alabama · 1937
- Dobbs v. Shelby County Economic & Industrial Development AuthoritySupreme Court of Alabama · 1999
- Smith v. School Trustees.Supreme Court of North Carolina · 1906
- Opinion of the JusticesSupreme Court of Alabama · 1993
30 more not listed; retrieve them via the Exa API.